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Ecology Ctr. v. Gorman

Citation: 25 ELR 21186
No. No. CV-94-054-GF, 902 F. Supp. 203/(D. Mont., 06/09/1995)

The court holds that for purposes of allowing additional limited discovery to supplement the administrative record, an action challenging the U.S. Forest Service's decision to renew a grazing permit in the Little Badger Allotment of the Lewis and Clark National Forest falls within the exceptions to the general rule limiting review of agency action to the administrative record. The court denies a motion requesting a protective order prohibiting plaintiffs from undertaking discovery in this action to supplement the administrative record, because the limited discovery plaintiffs requested will provide the court with a better understanding of the issues in the action. Although judicial review of agency action should focus on the existing administrative record, allowing the limited discovery would not impermissibly alter the action from a record review to a trial de novo.

Counsel for Plaintiffs
Jack Tuholske
401 N. Washington St., P.O. Box 7458, Missoula MT 59807
(406) 721-6705

Counsel for Defendants
Joseph Perrlla
U.S. Forest Service
Ben Franklin Station, P.O. Box 7369, Washington DC 20044
(202) 272-6211